Fiduciary Duty

When someone has a “fiduciary duty,” this means that he is responsible for acting in a way that benefits another person. An example of a fiduciary duty is a legal guardian taking care of a minor. The legal guardian’s fiduciary duty is to make the best decisions on the minor’s behalf, such as medical care and the school the minor […]

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Dolan v. City of Tigard

Following is the case brief for Dolan v. City of Tigard, 512 U.S. 374 (1994) Case Summary of Dolan v. City of Tigard: Petitioner Dolan sought to make changes to her business property.  The City of Tigard placed two conditions on granting Dolan permission — a public greenway to mitigate flooding, and a pedestrian/bicycle path. Dolan appealed in state court, claiming […]

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Katko v. Briney

Following is the case brief for Katko v. Briney, 183 N.W.2d 657 (1971) Case Summary of Katko v. Briney: Defendants set up a spring gun to guard against people trespassing into their unoccupied farmhouse.  Plaintiff broke into the house and was seriously injured by the spring gun. At trial, Plaintiff won a verdict of $20,000 actual, and $10,000 punitive, damages.  Defendant […]

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Pennoyer v. Neff

Following is the case brief for Pennoyer v. Neff, 95 U.S. 714 (1878). Case Summary of Pennoyer v. Neff: An attorney, Mitchell, sued Neff in Oregon state court.  Neff did not live in Oregon.  Mitchell served notice of the suit by publication, not by personal service. Once Mitchell received a default judgment against Neff, Mitchell sold property Neff owned in Oregon […]

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